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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	100
13	Is the right of access to information effective?	35

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Part IV Section 37

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Part IV Section 46 (2-4)

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments:

References: National Archives Act, Chapter 28:01

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Peer Review Comments: An Access to Information Bill is has been drafted and waits Parliament's approval, and promulgation. The citizenry has not yet reached such sophisticated levels as to resolve or appeal for access to information requests

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Peer Review Comments: Given that Access to Information Bill has not yet become enforceable by laws

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre